{"id":2322247,"date":"2024-08-10T05:03:01","date_gmt":"2024-08-10T09:03:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/where-does-the-supreme-court-stand-on-bidens-ethics-reform-plan-washington-examiner\/"},"modified":"2024-08-10T05:08:47","modified_gmt":"2024-08-10T09:08:47","slug":"where-does-the-supreme-court-stand-on-bidens-ethics-reform-plan-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/where-does-the-supreme-court-stand-on-bidens-ethics-reform-plan-washington-examiner\/","title":{"rendered":"Where does the Supreme Court stand on Biden\u2019s ethics reform plan? &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fwhere-does-the-supreme-court-stand-on-bidens-ethics-reform-plan-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2322247&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The article discusses President Joe Biden&#8217;s Supreme Court reform proposals\u200d and the minimal response they have \u2063elicited from\u200d the \u2062Justices of the Supreme Court. Since Biden&#8217;s announcement, only\u2063 Justice Neil Gorsuch has publicly \u2063commented, cautioning that discussing such political matters during an election year may not be beneficial. Biden aims\u2064 to implement various \u200creforms, including a constitutional amendment \u200dto prevent former presidents from claiming immunity for \u2064crimes committed while in office, term limits for justices, and a binding code of conduct for the court.<\/p>\n<p>Gorsuch&#8217;s comments \u200dhave not provoked backlash from lawmakers, \u200bthough Senate Judiciary Chairman Dick Durbin criticized Justice \u200cSamuel Alito for suggesting Congress lacks authority to regulate\u2063 the Supreme Court. Durbin \u200daccused Alito of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/propublica-and-donors-attack-conservative-supreme-court-justices\/\" title=\"ProPublica and donors criticize conservative Supreme Court justices.\">violating judicial ethics<\/a> by \u2062opining on pending \u2063legislation. Despite concerns \u2063over \u2062political implications, legal experts generally\u200c agree that justices have not \u200dcrossed ethical boundaries by discussing judicial ethics reforms. Notably, Democrats are motivated to \u200cpursue reforms due to the Supreme Court&#8217;s 6-3 conservative majority, while \u2062Republicans \u200cargue that the push for change stems from Democrats&#8217; minority \u2064status\u200c without evidence of justices\u2062 being influenced by external factors. A recent code of conduct was issued by the justices, asserting their commitment to ethical standards, although critics have noted the lack of an\u200b enforcement mechanism.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\"><\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">Where does the Supreme Court stand on Biden&rsquo;s ethics reform plan?<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1716786\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/joe-biden\/\" target=\"_blank\" rel=\"noreferrer noopener\">Joe Biden<\/a>&lsquo;s <a href=\"http:\/\/washingtonexaminer.com\/tag\/supreme-court\/\" target=\"_blank\" rel=\"noreferrer noopener\">Supreme Court<\/a> reform proposals have elicited little response from the nine justices, though their past comments provide insight as to where they stand on some portions of his high court wish list.<\/p>\n<p>Only one Supreme Court justice, <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/neil-gorsuch\/\" target=\"_blank\" rel=\"noreferrer noopener\">Neil Gorsuch<\/a>, has spoken out since Biden announced his sweeping ethics reform proposals. Gorsuch&rsquo;s comments were kept to a minimum in light of the &ldquo;political issue&rdquo; during a presidential election year, consisting of a remark that he did not think it &ldquo;would be helpful&rdquo; to opine on the president&rsquo;s plans at this time.<\/p>\n<figure class=\"wp-block-image size-full\"><figcaption class=\"wp-element-caption\">In this image provided by the Supreme Court, members of the Supreme Court pose for a photo during Associate Justice Ketanji Brown Jackson&rsquo;s investiture ceremony at the Supreme Court in Washington, Friday, Sept. 30, 2022. From left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ketanji Brown Jackson, Associate Justice Samuel Alito, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh. (Fred Schilling\/U.S. Supreme Court via AP)<\/figcaption><\/figure>\n<p><a href=\"https:\/\/www.washingtonexaminer.com\/news\/supreme-court\/3110330\/justice-gorsuch-warns-biden-careful-supreme-court-reform-plans\/\" target=\"_blank\" rel=\"noopener\" title>&ldquo;And so I just say, be careful,&rdquo;<\/a> Gorsuch, an appointee of former President Donald Trump, told Fox News during an interview last weekend.<\/p>\n<p>Biden&rsquo;s&nbsp;<a href=\"https:\/\/www.washingtonexaminer.com\/news\/white-house\/3102269\/biden-lays-out-supreme-court-reform-agenda-final-days-presidency\/\" target=\"_blank\" rel=\"noreferrer noopener\">Supreme Court reform agenda, laid out July 29<\/a>, features proposals for a constitutional amendment to state a former president does not have immunity for crimes carried out in office, term limits for Supreme Court justices, and a &ldquo;binding&rdquo; code of conduct for the high court.<\/p>\n<p>Although Gorsuch&rsquo;s words did not prompt complaints from any lawmakers, Senate Judiciary Chairman Dick Durbin (D-IL) <a href=\"https:\/\/www.judiciary.senate.gov\/press\/releases\/durbin-judiciary-committee-dems-urge-chief-justice-to-address-justice-alitos-wall-street-journal-interview-that-violates-the-courts-statement-on-ethics\" target=\"_blank\" rel=\"noopener\" title>pushed back last August<\/a> when Justice Samuel Alito said during a <em>Wall Street Journal<\/em> interview that &ldquo;No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court&mdash;period.&rdquo;<\/p>\n<p>Durbin accused Alito, an appointee of former President George Bush, of &ldquo;opining&rdquo; about the constitutionality of legislation that was being considered by the Senate, known as the Supreme Court Ethics, Recusal, and Transparency Act, and called for the justice to &ldquo;recuse himself in any future cases concerning legislation that regulates the court.&rdquo; <\/p>\n<p>The Democratic senator suggested Alito violated Canon 3(A)(6) of the Code of Conduct for U.S. Judges, which states, &ldquo;[a] judge should not <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/county-votes-to-ban-coke-machines-over-leftism-your-bigoted-and-racist-thinking-has-no-place-here\/\" title=\"County Votes To Ban Coke Machines Over Leftism: Your \u2018Bigoted And Racist Thinking\u2019 Has No Place Here\">make public comment<\/a> on the merits of a matter pending or impending in any court.&rdquo;<\/p>\n<p>Case Western Reserve Law School professor Jonathan Adler told the <em>Washington Examiner <\/em>this week that while it may be &ldquo;wise&rdquo; for justices to avoid expressing definitive opinions about what is or is not lawful, &ldquo;I think&nbsp;it is valuable to have justices be part of the conversation about whether a given proposal is actually wise or workable.&rdquo;<\/p>\n<p>Adler also said Durbin&rsquo;s statement &ldquo;was political&rdquo; and &ldquo;had no legal merit,&rdquo; noting that &ldquo;no legislation has been passed, let alone a proceeding applying such a rule.&rdquo;<\/p>\n<p>But Alito is not the only <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/net-stupid-sadiq-khan-plans-to-charge-london-drivers-by-the-mile\/\" title=\"Net Stupid: Sadiq Khan Plans to Charge London Drivers by the Mile\">high court justice<\/a> to have opined about a hypothetical code of conduct that would be enforceable by parties outside of the Supreme Court. Before Gorsuch&rsquo;s interview, Justice Elena Kagan was the latest to make such comments at a July 26 speech at a judicial conference in Sacramento.<\/p>\n<p>Kagan, an appointee of former President Barack Obama, acknowledged there are complexities in determining who should enforce an ethics code for the justices.<\/p>\n<p>&ldquo;But I feel as though we, however hard it is, that we could and should try to figure out some mechanism for doing this,&rdquo; Kagan said days after <a href=\"https:\/\/www.washingtonexaminer.com\/news\/campaigns\/presidential\/3086283\/biden-preparing-endorse-proposed-reforms-supreme-court\/\" target=\"_blank\" rel=\"noopener\" title>news outlets reported<\/a> that Biden was planning to announce reform proposals at the high court. <\/p>\n<p>No lawmakers have accused Kagan of opining about pending legislation.<\/p>\n<p>South Texas Law School professor Josh Blackman noted that <a href=\"https:\/\/www.washingtonexaminer.com\/news\/supreme-court\/3100547\/kagan-says-supreme-court-needs-mechanism-enforce-ethics\/\" target=\"_blank\" rel=\"noopener\" title>Kagan&rsquo;s remarks<\/a> came before Biden&rsquo;s July 29 reforms announcement and noted that Biden technically has not proposed any legislation.<\/p>\n<p>Blackman said he believes Kagan was speaking about the &ldquo;issues in the ether in the same way that Alito was.&rdquo;<\/p>\n<p>&ldquo;There is no pending case, so I don&rsquo;t see any need for recusal,&rdquo; Blackman said.<\/p>\n<p>Although legal experts say no current justices have crossed an ethical line by referencing the current controversy of judicial ethics, Durbin&rsquo;s calls for Alito&rsquo;s recusal last year underscore the difficult predicament the justices face as Biden uses his final days in office to call for sweeping reforms.<\/p>\n<p>Calls for ethics reforms by Biden and top Democrats surround the reality that the current 6-3 majority on the high court of justices was appointed by Republican presidents. Last November, the justices finally drafted and published their own code of conduct, but Democrats such as Durbin complained that there was no enforcement mechanism to hold them accountable in the event of ethical lapses.<\/p>\n<p>Many Democrats have accused the Supreme Court and its conservative justices, particularly Clarence Thomas and Samuel Alito, of undermining democracy by being partisan. In Thomas&rsquo;s case, he went on several trips financed by his longtime friend and Republican donor Harlan Crow. For Alito, he went on a fishing trip in 2008 to Alaska on board the private plane of billionaire Paul Singer.<\/p>\n<p>Republicans have countered by arguing that Democrats only seek change because they are in the minority and that there is no evidence of justices&rsquo; opinions being swayed by outside parties. Thomas and Alito have denied having any bias.<\/p>\n<p>Before the justices announced their code of conduct last year, Trump-appointed Justice Amy Coney Barrett announced she supports an ethics code, adding that &ldquo;All nine justices are very committed to the highest standards of ethical conduct.&rdquo;<\/p>\n<p>One month later, the justices said though there has been no formal code, they have long abided by the same standards for <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/government-unions-have-been-stealing-money-for-years-now-scotus-has-the-chance-to-intervene\/\" title=\"Government Unions Have Been Stealing Money For Years \u2014 Now, SCOTUS Has The Chance To Intervene\">lower court judges<\/a>.<\/p>\n<p>The new code, signed by all nine justices, states on its top page: &ldquo;To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct.&rdquo;<\/p>\n<p>Given the&nbsp;<a href=\"https:\/\/www.washingtonexaminer.com\/live-blog-posts\/biden-supreme-court-reforms-already-on-life-support\/\" target=\"_blank\" rel=\"noreferrer noopener\">extreme unlikelihood<\/a>&nbsp;that Congress will be able to pass legislation for a binding code of ethics, due to the division between Republicans and Democrats, it may come down to the high court to decide whether and how an ethical code should be enforced.<\/p>\n<p>Although Kagan stressed in her recent speech that she was speaking only for herself, she noted that she proposed to Chief Justice John Roberts that he appoint a panel of judges to enforce the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/scotus-overturns-chevron-doctrine-upends-administrative-state\/\" title=\"SCOTUS Overturns Chevron Doctrine, Upends Administrative State\">high court&#038;rsquo<\/a>;s recent code of conduct.<\/p>\n<p><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><strong><\/strong><\/a><\/p>\n<p>Kagan said she trusts Roberts and that if he created &ldquo;some sort of committee of highly respected judges with a great deal of experience and a reputation for fairness,&rdquo; it would seem like a good solution.<\/p>\n<p>The <em>Washington Examiner <\/em>contacted Durbin&rsquo;s office and the Supreme Court. <\/p>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1716786\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1716786\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>What is the Supreme Court&#8217;s position on Biden&#8217;s ethics reform plan? President Joe Biden&#8217;s proposals for reforming the Supreme Court have received minimal feedback from the nine justices, although their previous statements offer some perspective on their views regarding certain aspects of his agenda. Since Biden unveiled his extensive ethics reform proposals, only Justice Neil Gorsuch has publicly commented, stating that he did not believe it would be &#8220;helpful&#8221; to discuss the president\u2019s plans during an election year. In a recent interview with Fox News, Gorsuch advised caution regarding political issues.<\/p>\n<p>Biden\u2019s reform agenda, announced on July 29, includes suggestions for a constitutional amendment to clarify that former presidents are not immune from prosecution for actions taken while in office, term limits for justices, and a mandatory code of conduct for the Supreme Court. While Gorsuch&#8217;s remarks did not provoke any complaints from lawmakers, Senate Judiciary Chairman Dick Durbin (D-IL) responded last August when Justice Samuel Alito claimed in an interview that Congress lacks authority to regulate the Supreme Court. Durbin accused Alito\u2014appointed by former President George W. Bush\u2014of commenting on legislation under consideration and called for him to recuse himself from future cases related to court regulation.<\/p>\n<p>Durbin suggested that Alito may have violated Canon 3(A)(6) of the Code of Conduct for U.S. Judges by publicly discussing pending matters in court. Jonathan Adler, a law professor at Case Western Reserve University, remarked that while it might be prudent for justices to refrain from making definitive legal opinions about proposed laws, it is beneficial for them to engage in discussions about whether such proposals are sensible or feasible.<\/p>\n<p>Justice Elena Kagan also weighed in before Gorsuch\u2019s interview during a judicial conference speech on July 26 where she acknowledged challenges in determining who should enforce an ethics code but expressed support for finding a solution. Unlike Alito\u2019s comments which drew criticism from Durbin, Kagan faced no accusations regarding her remarks since they occurred prior to Biden&#8217;s announcement and he had yet to propose any specific legislation.<\/p>\n<p>Legal experts assert that current justices have not breached ethical standards by addressing ongoing discussions about judicial ethics; however, Durbin\u2019s call last year highlights the complex situation facing justices as Biden advocates significant reforms during his final days in office. The push for these reforms comes amid concerns over perceived partisanship among conservative justices appointed by Republican presidents.<\/p>\n<p>In response to criticisms surrounding ethical conduct\u2014particularly involving Justices Clarence Thomas and Samuel Alito\u2014Republicans argue Democrats seek changes solely because they are outnumbered and lack evidence showing outside influences affect judicial decisions; both Thomas and Alito deny any bias.<\/p>\n<p>Before announcing their own code of conduct last year\u2014a move supported by Trump-appointed Justice Amy Coney Barrett\u2014the justices stated they adhere informally to similar standards as lower court judges despite lacking formal guidelines until then. The newly established code was signed by all nine justices and aims at clarifying existing principles governing their behavior.<\/p>\n<p>Given Congress&#8217; unlikely passage of binding ethical legislation due to partisan divisions, it may ultimately fall upon the high court itself to determine how an ethical framework should be enforced moving forward. Kagan recently suggested appointing respected judges as enforcers of this new code but emphasized she was speaking personally rather than representing all justices\u2019 views<\/p>\n","protected":false},"author":2633,"featured_media":2322248,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/supreme-court-justices.webp","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[3620,37735,32275,32076],"class_list":["post-2322247","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner","tag-biden","tag-ethics-reform","tag-supreme-court","tag-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/06\/supreme-court-justices.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2322247","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2633"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2322247"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2322247\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2322248"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2322247"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2322247"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2322247"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}